Section 161

Unless subsection (2) applies, the full amount ordered to be paid under a confiscation order must be paid on the day on which the order is made. If the court making the confiscation order is satisfied that the defendant is unable to pay the full amount on that day, it may make an order requiring whatever cannot be paid on that day to be paid— in a specified period, or in specified periods each of which relates to a specified amount. A specified period— must start with the day on which the confiscation order is made, and must not exceed three months. If— the court may make an order extending the period (for all or any part or parts of the amount in question). within any specified period the defendant applies to the Crown Court for that period to be extended, and the court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period relates within that period, An extended period— must start with the day on which the confiscation order is made, and must not exceed six months. An order under subsection (4)— may be made after the end of the specified period to which it relates, but must not be made after the end of the period of six months starting with the day on which the confiscation order is made. Periods specified or extended under this section must be such that, where the court believes that a defendant will by a particular day be able— that amount is required to be paid no later than that day. to pay the amount remaining to be paid, or to pay an amount towards what remains to be paid, The court must not make an order under subsection (2) or (4) unless it gives the prosecutor an opportunity to make representations.

← 5 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-09-04